Opinion
8968N Index 652273/14
04-11-2019
von Briesen & Roper, S.C., Milwaukee, WI (Jason R. Fathallah, of the bar of the State of Wisconsin and the State of Michigan, admitted pro hac vice, of counsel), for appellants. Butler, Fitzgerald, Fiveson & McCarthy, New York (David K. Fiveson and Claudia G. Jaffe of counsel), for respondent.
von Briesen & Roper, S.C., Milwaukee, WI (Jason R. Fathallah, of the bar of the State of Wisconsin and the State of Michigan, admitted pro hac vice, of counsel), for appellants.
Butler, Fitzgerald, Fiveson & McCarthy, New York (David K. Fiveson and Claudia G. Jaffe of counsel), for respondent.
Friedman, J.P., Sweeny, Webber, Gesmer, Singh, JJ.
Order, Supreme Court, New York County (Charles E. Ramos, J.), entered on or about July 25, 2018, which granted plaintiff's motion to clarify a prior order so as to remand the subject arbitration to a different arbitrator, unanimously affirmed, without costs.
The court providently exercised its discretion in clarifying that the original arbitrator was not to hear the remanded arbitration. That ruling had been appealed and affirmed by this Court ( 160 A.D.3d 572, 573, 76 N.Y.S.3d 135 [1st Dept. 2018] ).